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    • receiving a default NOTICE (forget simple default cal markers) does not mean it will get sold on... OC's very very rarely do court themselves.  if it does you would receive a Notice of Assignment from the debt buyer/DCA.  as for reduced payment if it remains with the OC and they issue a DN, no harm in trying but lets get all your ducks inline first. dx  
    • okay thanks do you know how long it will take for it to get to the DCA or could the OC try and issue a CCJ? even though it's unlikely also for example would the OC agree to a reduction and a small payment over a super lengthy period of time if agreed? Rather than go through chasing apologies again for all the questions, just trying to understand all the possible scenarios.  
    • Currently - "the maximum daily price at 100p / kWh for electricity and 30p / kWh for gas – keep in mind that's a lot higher than the Ofgem Energy Price Cap, so if you can't afford prices to increase further, you're probably better off sticking with a protected tariff such as Flexible Octopus." Octopus Tracker is a product of our labs, available now to customers through our beta programme. Octopus Tracker is a beta product. Some things may not work the first time, and installations and processes may take longer than we'd like. Third party tech like In-home Displays won't always work, and on occasion data issues with smart meters can take significant time to fix or prevent things from working at all.   Copied straight from octopus   Feel free to shove it somewhere else    
    • depends what the fees are, typically nothing can be added once judgement is passed bar litigation costs. on document retention time limits etc at least 6yrs previous must be held though many hold complete info. as for acronyms and abbreviations ideally yes they should     
    • Still have to submit a statement either system....if they fail they can only give verbal because they failed to file and serve.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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deedee1310 v Smile


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Hello all. I am making my first post on the Smile forum as I am now ready to begin my Smile claim. I have three other claims on the go at the moment, hence my delay. I am hoping that this forum is as helpful as the Abbey, Capital One and Halifax forums. :p;)

 

I will be sending my Preliminary Letter to Smile on Monday. Including overdraft interest, Smile owe me £2553.05.

 

Wish me luck!

 

deedee1310

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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everything suggests they're a doddle compared to the others

 

I issued proceedings just before they credited my accounts with all the charges I'd claimed so just the interest (they 'don't pay debit interest') and the stat and the court fee to go

 

they are quite the ones for charging the fees in the first place though aren't they? My claim was just shy of a £1,000 after only two years and me trying really hard to be good

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Hey Micky.

 

Thank you for popping over to my new thread. I agree, Smile are the worst for charging IMO. They charged me £5 a day for over a month on more than one occasion.

 

If they don't pay debit interest, does this mean I will have to continue to court to try and get it paid to me?

 

deedee x

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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it's not up to them what they have to pay, it's just an offer with a bluff attached

 

I've told them I want it paid, once you have the court action served, the clock is ticking and they know it, interest due to charges and the stat interest are rock solid claims

 

imho

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  • 2 weeks later...

Hi Deedee,

 

Hows things?

 

We are both after similar amounts at similar times. I have not had any response to my LBA on 27th, the official day of the OFT test case announcement. You had any feedback? I would not be surprised to get something saying it is suspended until the OFT case is resolved.

 

Ttfn,

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I got my basic charges back a day or two after the court action was served if that's any help, I was expecting from other threads to get that near the end of the LBA deadline, I didn't waste any time so perhaps they were just late, all I'm after now is the interest due to charges and the stat and fees but they say they're going to defend in full ...

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Hi Mickey.

 

Thanks for checking in. I sent my Prelim. letter to Smile on 23/7. I will send my LBA next Tuesday 7/8. I am continuing as though the OFT announcement was never made, and sticking to my timescale.

 

I am away for two weeks after next week, so will file N1 once I return. :D

 

deedee

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Hi Mickey.

 

Thanks for checking in. I sent my Prelim. letter to Smile on 23/7. I will send my LBA next Tuesday 7/8. I am continuing as though the OFT announcement was never made, and sticking to my timescale.

 

I am away for two weeks after next week, so will file N1 once I return. :D

 

deedee

 

 

 

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Halifax Won £1180.00

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Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

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  • 2 years later...

Hello All!

 

I haven't posted to this thread in a long while. Well here's an update.

 

I never got round to filing my N1. In the meantime, Smile defaulted my account earlier this year and are chasing me for the full £2000 odd pounds they claim I owe them.

 

Should I file my N1 now, or should I re-start the process (prelim letter, LBA etc)? I don't want them to file for a CCJ whilst I am doing this. What can I do to prevent this?

 

Your answers as always are greatly appreciated.

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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I wasn't good at this when I ws doing it and I'm so rusty now

 

I think if you'd sent the N1 they couldn't have done that, someone that knows more than me will have to confirm but I suspect you;d get a fair hearing from a court if you could show that you started the process of reclaiming charges, after all they've stayed everyone else, why should they be allowed to act against people unilaterally

 

that said there's an argument that you haven't started any legal proceedings officially so they can go after their debt as per normal

 

but I suspect a court would be sympathetic

 

I suspect, as ever, a well wored and honest and frank letter to them would work wonders, they're probably only after a comitment from you to pay them a small amount a month to pay back what you owe. I wouldn;t have thought this would affect your right to reclaim charges anyway

 

My opinion only, wait for expert advice before doing anything significant, but I'd write to them explaining your situation and proposing a modest repayment schedule, even if they get arsey, it'd look good later on

 

best of luck

micky

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Thanks Micky

 

I'm not paying them a a penny as the charges tand the balance I allegedly owe, cancel themselves out so they owe me nearly £800.

 

I am sorely tempted to file my N1 now though or re-send LBA. I didn't file N1 as OFT was announced as I was counting down from LBA stage back in 07.

 

I will wait to see what anyone else thinks, but thank you again for looking in on my thread.

 

deedee

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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